Samuel M. Pape is an associate in Latham & Watkins' London office. He is a Solicitor Advocate and member of the firm’s International Arbitration Practice. His practice focuses on international arbitration, public international law and complex litigation in England and overseas.
Mr. Pape represents clients across a range of industries in commercial and investment treaty arbitrations before all major arbitral institutions. He also represents clients in multi-jurisdictional commercial litigation around the world.
Mr. Pape’s diverse international caseload has included disputes in Europe, Russia and the CIS, Africa, Latin America and the United States, many involving assets or claims in excess of US$1 billion. He has conducted cases under all of the principal arbitration rules including the LCIA, ICC, ICSID, ICSID Additional Facility and ad hoc arbitration. His arbitration experience also includes acting as Tribunal Secretary in ICC proceedings.
Mr. Pape frequently advises on issues of English and international law, including those arising out of shareholders agreements, sale and share purchase agreements, financing agreements, concession agreements, drilling contracts, bilateral investment treaties and multilateral treaties, including NAFTA and the Energy Charter Treaty.
He advises on the protection of investments under bilateral and multilateral investment treaties and the enforcement of arbitral awards before local courts. He has also advised litigation funders regarding potential investments in international investment arbitration claims.
Mr. Pape is the Europe Representative of the Asia-Pacific Forum for International Arbitration (AFIA), and a member of the LCIA Young International Arbitration Group (YIAG) and the ICC Young Arbitrators Forum (YAF).
He recently co-organized and spoke at a roundtable event attended by a range of senior stakeholders on the subject of the new frontier of risk in the energy and natural resources sectors, and is co-author of a book chapter on procedural issues in relation to damages in international arbitration.
Mr. Pape’s experience includes representing:
- Royal Dutch Shell and Shell Petroleum Development Company of Nigeria Ltd to successfully secure outright victory in a landmark Corporate Social Responsibility case identified by The Lawyer as among the most significant of 2016
- A leading mining company on a very high value shareholder rights and environmental issues arising from projects in Latin America
- A sovereign party in an investor-state dispute concerning a bank rescue program
- A national oil company in a range of complex lending, shareholder and supply disputes valued in the multiple billions of dollars
- Nova Group Investments BV in an ICSID arbitration against Romania concerning the expropriation of a leading insurance company and breaches of FET*
- Mobile TeleSystems in its US$2.5 billion arbitration against Uzbekistan under the Additional Facility of the International Centre for the ICSID, including successfully defending an Article 45(6) application*
- A major oil company in an infrastructure-related ad hoc arbitration*
- A Nigerian offshore oil and gas contractor in an ad hoc arbitration against an oil major*
- Norilsk Nickel and Interros in a dispute with Rusal, including in a US$3 billion LCIA arbitration and related litigations in seven jurisdictions, involving claims for breaches of a shareholders agreement and tortious conspiracy*
- An airline in an LCIA arbitration with a major aircraft lessor concerning alleged breaches of three aircraft lease agreements*
- Daewoo before the Paris Court of Appeal, defeating General Motors' application to annul an ICC award arising from the acquisition of Daewoo’s automotive business*
- An oil and gas major in relation to potential claims arising out of offshore drilling contracts*
- A major pharmaceutical company on worldwide supply chain integrity and severe business interruption issues*
- A major aircraft leasing and services company regarding potential liability under aircraft leasing and other financing agreements*
- A high net worth individual in relation to potential shareholder actions and unfair prejudice petitions arising out of an intra-group restructuring*
- A buyer in post-M&A disputes concerning breach of warranties and indemnities in relation to certain assets and accounting irregularities*
- A Latin American consortium in post-M&A disputes arising out of the sale and purchase of certain energy companies and related assets*
- A leading litigation funder regarding investment in potential investor-State arbitration claims*
- A multinational conglomerate regarding the consequences of international sanctions placed on customer contracts across multiple jurisdictions*
- An investment fund in relation to potential claims and injunctive relief against a fund manager for breach of restrictive covenants*
*Matter handled prior to joining the firm